labor law

ABC Test


A test used in some states to determine whether a person is an employee or an independent contractor for the purpose of determining state unemployment tax.

Some courts using this test look at whether a worker meets three separate...

Able to Work


Capable of employment. A person who is able to work is ineligible to receive unemployment benefits on the basis of illness or injury.

Illustrative case law

See, e.g. International Union, et al. v. Johnson Controls, Inc., 499 U.S. 187 (...

Abusive Discharge


A fired employee's claim that the firing breached some public policy of the state. Abusive discharge claims are often brought when no claim for breach of contract or violation of a statute can be alleged. Instead of relying on an employment...


See: Age Discrimination in Employment Act

Affirmative Action


A set of procedures designed to eliminate unlawful discrimination among applicants, remedy the results of such prior discrimination, and prevent such discrimination in the future. Applicants may be seeking admission to an educational...

After-Acquired Evidence

Definition from Nolo’s Plain-English Law DictionaryIn employment law, facts the employer learns after firing an employee for which the employer would have fired the employee anyway. After-acquired evidence may be used as a defense to a wrongful...

Age Discrimination

Definition from Nolo’s Plain-English Law DictionaryTreating an employee or applicant for employment less favorably because of his or her age, if the employee or applicant is at least 40 years old.

Definition provided by Nolo’s Plain-English Law...

Age Discrimination in Employment Act (ADEA)

Definition from Nolo’s Plain-English Law DictionaryA federal law that prohibits discrimination based on age against employees or applicants who are at least 40 years old. (See also: Older Workers Benefit Protection Act (OWBPA))

Definition provided by...

Agency Shop

A place of employment in which full membership in a union is not required, but the union acts as an agent for the employees. Both union members and non-union members must pay periodic union dues and initiation fees whether they join or not since it is...